Madras High Court
P.Chellammal vs The District Collector on 27 July, 2017
Bench: K.K.Sasidharan, G.R.Swaminathan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.07.2017
CORAM
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN
AND
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD).No.11283 of 2017
P.Chellammal : Petitioner
Vs.
1.The District Collector,
Thoothukudi District,
Thoothukudi.
2.The Revenue Divisional Officer,
Tiruchendur Taluk,
Thoothukudi District.
3.The Thasildar,
Tiruchendur Taluk,
Thoothukudi District.
4.The Block Development Officer,
Alvar Thirunagiri Union,
Thenthirupperai,
Thoothukudi District.
5.The Sub Inspector of Police,
Kurumbur Police Station,
Kurumbur,
Thoothukudi District.
6.The Special Officer,
Angamangalam Village Panchayat,
Angamangalam.
7.Village Administrative Officer,
Angamangalam Village Panchayat,
Angamangalam.
8.V.Thamilarasan : Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India
to issue a Writ of Mandamus, directing the respondents 1 to 7 to remove the
encroachments made in Survey Nos.282/1 and 282/28, "Maruthuvar North Street"
in Angamangalam Village, Tiruchendur Taluk, Thoothukudi District and based on
the petitioner's representation dated 06.04.2017 within the time stipulated
by this Court.
!For Petitioner : Mr.P.Balamurugan
For Respondents 1to7: Mr.T.S.Mohammed Mohideen,
Additional Government Pleader
For Respondent No.8 : Mr.C.Saravanakumar,
For Mr.S.R.A.Ramachandran
:ORDER
[Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ Petition to direct the respondents 1 to 7 to remove the encroachment stated to have been caused by the eighth respondent in respect of a public property in Survey Nos.282/1 and 282/28, Maruthuvar North Street, Angamangalam Village, Tiruchendur Taluk, Thoothukudi District.
2. The counter-affidavit filed by the Tahsildar, Tiruchendur, indicates that as per the revenue records, the property in Survey Nos.282/1 and 282/28, is shown as 'Raiyathu Punjai and Rayathu Manai'. The property stands in the name of one Mrs.Seethaiyammal. The said Seethaiyammal is not a party to the Writ Petition.
3. The petitioner claims easementary right over the property in question. According to the learned counsel for the petitioner, the petitioner has been using the pathway in the subject property for the purpose of ingress and egress to her house.
4. There is no question of deciding the easementary right claimed by the petitioner in a Writ Petition filed under Article 226 of the Constitution of India. It is always open to the petitioner to approach the Civil Court to redress her grievances.
5. The Writ Petition is disposed of with the above observation. No costs.
To
1.The District Collector, Thoothukudi District, Thoothukudi.
2.The Revenue Divisional Officer, Tiruchendur Taluk, Thoothukudi District.
3.The Thasildar, Tiruchendur Taluk, Thoothukudi District.
4.The Block Development Officer, Alvar Thirunagiri Union, Thenthirupperai, Thoothukudi District.
5.The Sub Inspector of Police, Kurumbur Police Station, Kurumbur, Thoothukudi District.
6.The Special Officer, Angamangalam Village Panchayat, Angamangalam.
7.Village Administrative Officer, Angamangalam Village Panchayat, Angamangalam.
.